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Apr 22, 2019

The Constitutional Right to Health Care that Only Prisoners Have

By |April 22nd, 2019|Criminal|0 Comments

Constitutionally, citizens have no right to health care. There have been laws passed and programs instituted that give us access to healthcare, but for most of us, healthcare is an option, not a right – with one notable exception. The incarcerated. The New Yorker recently profiled a 30-year old named Jeremy Laintz whose fortunes turned when he began abusing opioids. He then became addicted to heroin, was arrested and booked in a Colorado jail which [...]

Apr 16, 2019

New Maryland Bill Aims to Help Victims of Sex-Trafficking Expunge Their Criminal Records

By |April 16th, 2019|Criminal|0 Comments

A new bill aims to help victims of sex-trafficking help clear their names so their convictions can’t be viewed by the public. Sex-trafficking often requires that the victims, many underage, commit other crimes such as drug crimes in addition to prostitution and sex-related offenses. Prior attempts to modify Maryland’s sex trafficking laws have been stymied. For many victims, clearing their record of the sex-related crimes doesn’t help clear their name of the non-sexual charges. The [...]

Apr 9, 2019

Maryland’s Implied Consent Law for Suspicion of DUI

By |April 9th, 2019|DUI|0 Comments

Normally, the police cannot stop and/or search a person unless they have reasonable grounds to believe a crime has been committed. Under the law, law enforcement officers should obtain a warrant before arresting anyone, or searching them or their property. However, cases involving suspicious of driving under the influence are treated a bit differently. The police do still need reasonable grounds to stop any driver for DUI. Examples of reasonable grounds include observing a driver [...]

Apr 2, 2019

Questions & Answers About Assault Charges in Maryland

By |April 2nd, 2019|Criminal|0 Comments

If you’ve been charged with assault in Maryland, you may have many questions about the charges and the judicial process. The legal team here at Carey Law Office has put together some common and general questions and answers for your convenience, and we urge you to contact us if you need assistance. What are the types of assault crimes in Maryland? There are two types of assault – first degree and second degree. Reckless endangerment [...]

Mar 25, 2019

Is “Emoji Law” Actually a Thing?

By |March 25th, 2019|Criminal|0 Comments

The emoticon was born on September 19, 1982 when Professor Scott Fahlman of Carnegie Mellon suggested using the keyboard symbols :-) and :-( to express emotions online. This caught on, spread around the country, and eventually we were all using emoticons. However, beyond simple emojis like that, interpretations of other emojis can be rather subjective. In an interview with The Verge, Santa Clara University law professor Eric Goldman points out, “Emoji usually have dialects. They [...]

Mar 19, 2019

Traveling to Canada with a DUI Just Got More Difficult

By |March 19th, 2019|DUI|0 Comments

After the 2018 legalization of marijuana in Canada, the Canadian government also toughened up on its laws regarding driving under the influence of drugs and alcohol. This legislation took effect on December 18, 2018 – and has a major effect on visitors to Canada from Maryland and the rest of the United States. Before 2019 Before this year, non-Canadians who had ever been arrested or convicted of driving under the influence (DUI) were denied entry [...]

Mar 12, 2019

Justices Gorsuch and Sotomayor Are Fighting for Your Right to a Trial

By |March 12th, 2019|Criminal|0 Comments

The Sixth Amendment to the US Constitution provides “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining [...]

Mar 6, 2019

U.S. Supreme Court Rules Against Excessive Fines & Property Seizures

By |March 6th, 2019|Criminal|0 Comments

On Wednesday, February 20, the Supreme Court of the United States ruled unanimously that states cannot impose excessive fees, fines, or forfeitures as criminal penalties. This decision clarifies that the Eighth Amendment, which prohibits excessive fines, applies to states as well as the federal government. The ability of authorities to seize private property used in a crime – civil asset forfeiture – has become a revenue source for states, as well as a way to [...]

Feb 26, 2019

What Is a Federal DUI?

By |February 26th, 2019|DUI|0 Comments

Most drivers who are charged with driving under the influence of alcohol or narcotics are charged with a state crime. Cases are heard in the county where the offense occurred or where the driver lives. There are some instances though where a driver can be accused of a federal DUI. Filing federal charges requires some federal involvement – typically that the offense occurred on federal property. Maryland has numerous federal roads, including the Baltimore-Washington Parkway [...]

Feb 21, 2019

Baltimore Will No Longer Prosecute Possession of Marijuana Cases

By |February 21st, 2019|Drugs|0 Comments

The Baltimore Sun recently reported that Marilyn Mosby, the city’s state’s attorney, will no longer prosecute people for possessing marijuana, regardless of the amount of or their prior criminal history. Ms. Mosby also is asking the courts to vacate nearly 5,000 convictions for marijuana possession. She said the reason for this move is that she didn’t believe that pursuing convictions for marijuana possession was a way to make the city safer. Her position follows that [...]

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